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(영문) 대전지방법원 2015.04.29 2014노2822

폭력행위등처벌에관한법률위반(공동상해)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the penalty (two million won of a fine) imposed by the court below against the defendant is too unreasonable.

2. In light of the fact that the Defendant was in a trial, it appears that all of the instant crimes were recognized and the Defendant appeared to reflect in depth, and that the degree of the Defendant’s participation appears not to be more severe, and that the circumstances in which the Defendant endeavored to agree with the victim were peeped.

On the other hand, there are no such cases as the injury suffered by the victim E due to the instant case, assault against the victim G, etc. who committed the Defendant’s assault, which was not agreed with the victims, the victims want not to be punished against the Defendant, and the fact that the Defendant was subject to criminal punishment two times due to the fine, etc. are disadvantageous to the Defendant.

In full view of the above circumstances and other circumstances, such as the circumstances after the instant crime, age, character and conduct, family relationship, environment, occupation, etc., which are conditions for sentencing as shown in the records and pleadings, there is no change of circumstances that can determine the sentence different from the original judgment, the sentence imposed by the lower court cannot be deemed unfair since the sentence imposed by the Defendant is unlimited. Thus, the Defendant’

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the defendant's appeal is without merit. It is so decided as per Disposition.